Tel: 021 906 0597 Fax: 021 906 0594 Cell: 083 270 6374 elmien@elmienestates.co.za
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Terms and Conditions


By viewing any pages that constitute this web site, a person becomes a 'user' of the site and agrees to the terms and conditions of use below:


1. PRIVACY

1.1. Elmien Estates subscribes to the principles for electronically collecting personal information outlined in chapter 8 of the Electronic Communications and Transactions Bill that became law in the Republic of South Africa in August of 2002.


1.2. Elmien Estates intends using any personal or organisational particulars you submit to us via email or the submission forms on this site only to respond to any specific request for information you have made in this communication, and, with the exception of possible communication and use of this information in terms of 1.3 below, will not use this information in any other way or disclose it to any third party without your express written consent, unless forced to do so by law.


1.3. As a result of your electronic or other communication with us, we may request permission to send electronic messages or other communications of a commercial nature to you, permission that must be explicitly granted by you before we will send such communications. We may also use this information to compile profiles for statistical purposes and use such profiles in the course of our business, but these profiles or statistical data will never be able to be linked to your specific profile and contact details by any third partys


2. COPYRIGHT

2.1. All the content on this web site, including any and all graphics, text, icons, hyperlinks, private information, designs, trademarks, software, databases and agreements, is the intellectual property of Elmien Estates and is protected by local and international law dealing with copyright and intellectual property rights.


2.2. All rights to this content are reserved, and such content may not be used for commercial gain. Content are not to be used by attorneys, estate agencies, estate agents, rental agencies, bond originators, financial institutions or any other person for commercial gain. Any content that is reproduced may only be used with the express permission in writing of an authorised representative of Elmien Estates . To obtain permission for the commercial use of any content on this site, please contact Elmien at 021 906 0597, elmien@elmienestates.co.za. All rights not specifically granted in terms of these terms and conditions or by special permission are reserved.


2.3. No business, person or web site may frame this site or any of the pages on this site in any way whatsoever without the permission in writing of the authorised representative of Elmien Estates , as recorded above.


3. HYPERLINKS

3.1. No person, business or web site may link to any page on this site without first requesting permission to do so from Elmien Estates in writing. Such permission can be obtained from the person referred to in 2.2 above.


3.2. Hyperlinks provided on this site to web pages that do not form part of this web site and are not owned by Elmien Estates are provided as is and Elmien Estates is not responsible and may not be held responsible in any way for the content on such web pages.


4. DISCLAIMER

4.1. Elmien Estates , the designers of this site and any of the client's agents or representatives shall not be liable for any damage, loss or liability, however arising, from the use or inability to use this web site or the services, content or information provided on and through this web site.


4.2. Elmien Estates makes no express or implied representations or warranties that the content and service available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 2.2 above.


4.3. This web site is available on the world wide web for any user with access to the world wide web to view 'as is', and has not been compiled or designed to meet each user's individual requirements. Elmien Estates will not be held responsible for any inconvenience, loss or damage that a user may suffer as a result of failure to meet such requirements. Users are encouraged to give any feedback or comments on the site to the person mentioned in clause 2.2 above.


5. SECURITY

Any legal person that delivers or attempts to deliver any damaging code to this web site, to gain unauthorised access to any page on this web site, to tamper with any of the content or pages that constitute this web site or duplicate such pages or content shall be prosecuted to the full extent of the law, and civil damages shall be claimed in the event that Elmien Estates suffers any damage or loss as a result of such actions.


6. GOVERNING LAW

This web site is controlled and operated by Elmien Estates , a legal entity incorporated in terms of the laws of the Republic of South Africa, and therefore South African law and the jurisdiction of the South African courts shall govern any action or claim that may arise from the use or inability to use this site.


7. DISPUTES

All disputes in terms of this agreement or relating to the use or inability to use this web site shall be settled by arbitration conducted in English in terms of the rules of the South African Arbitration Foundation. Such arbitration shall be held in Durban, and the unsuccessful party shall pay all costs incurred by the successful party in attending and preparing for such arbitration.


8. WHOLE AGREEMENT

8.1. This agreement constitutes the whole agreement between Elmien Estates and the user, and no terms and conditions that are not expressly stated in this agreement may be implied by either party.


8.2. Elmien Estates reserves the right to change this agreement or any part thereof at any time without notice, such changes being deemed to come into effect as soon as they are incorporated in this agreement and viewable on the Elmien Estates web site.


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